The Principles of Natural Justice form the core of the concept of Natural justice. Deviation from these principles anywhere means the weakening of the process of Natural Justice. These principles are considered to form the basis of Human Rights due to their inherent nature of bringing justice to the concerned groups or individuals. The two main pillars of the Principles of Natural Justice are:
A) Rule against Bias (Nemo Iudex in Causa Sua). This means No one should be made a judge in his own case. This principle is important to ensure the public faith in the Legal system.
B) Rule of Fair Hearing (Audi alteram partem). This principle gives concerned individual/group a fair opportunity to present their own case before a final judgement is passed so as to protect their rights.
The system of reservations violates both these principles. On one hand, this system of ‘reverse discrimination’ which gives reservations to the lower castes in jobs and educational institutions, is clearly biased against the upper castes and in favour of the lower castes. Secondly, in relation to the present system of reservations, whether it is needed or not is decided by the beneficiary castes and communities without the concurrence of the Unreserved class. Also, the system of reservations has become an issue decided purely by political considerations under which the leaders of the different castes demand and get reservations even when many of them don’t belong to backward communities. Even in present times we can see various demands for reservations from various communities like the Jats in Haryana, Patidars in Gujarat, etc. This again violates the ‘Rule Against Bias’ as various castes choose themselves as the beneficiaries under the system of reservations instead of following a system governed by Natural Justice.
On the other hand, the ‘rule of fair hearing’ is also violated as the genuine concerns of the Unreserved General Categories, (in the past) went and still go unheard. In addition to this, the whole process of reservations and the arguments of the sections getting reservations are also not scrutinized in a transparent and proper manner. If this principle was followed regarding the reservation system, it would have led to recognition of the injustice that is being done by the system to the general category people along with looking into the legality of the system itself and also the legality and fairness in the process of selecting the beneficiaries of the reservation system.
To ensure the success and prevalence of Natural Justice in India, its principles should be upheld which demand a transparent and consensus-based decision on the system of reservations through the formal legal process.